Export of service v/s place of provision of service

1156 views 3 replies

Hi Friends.....

One person( Located in India) provides services from India(as an Agent) to his Principal( Located Outside India)....

The said person receives his commision from his principal in foreign convertible currency....

I want to Know whether Service Tax is applicble to the said person (Due to Place of Provision Rules) or else it is exempt (Due to export of Service Rules)......

Please provide your feedback with some proof.......

Replies (3)

After introduction of Place of Provision Rules export of service rules are not in force. Commsision Agent is covered under Rule 9 of Place of Provision Rules which states that place of provision is the location of service provider. Since, in your case service provider is in India, place of provison will be India and therefore not export.Service tax should be charged at full rate.

 

Regards,

Nirav Worah

thanks nirav

It appears that the services of development of market and obtianing orders are provided to the customer outside India for GOODS to be exported to India. If so rule 3 - which is recepeint based would apply NOT RULE 9.

If however the customer outside India is a service provider for whom the same services are provided, then the appropriate rule would be Rule 9 - service provider location.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details